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Board of Health Minutes 10/31/13 Meeting
MINUTES
EASTHAM BOARD OF HEALTH MEETING
THURSDAY, OCTOBER 31, 2013 AT 3PM


Present:  Dr. James Taylor, Chair, Dr. Martin Haspel, Beverly Knox, Dr. Joanna Buffington, Jane Crowley
Not Present: Open Position, Susan Barker


  • PUBLIC NOTIFICATION RE VIDEO AND/OR AUDIO TAPE
Dr. James Taylor reminded everyone regarding this.


  • OPENING STATEMENTS
Jane Crowley provided the following updates:
  • Flu Clinic – 3 clinics held this month:
  • October 10, 2013 – Town Hall – 1PM to 4PM
  • October 17, 2013 – Council of Aging – 9AM to 12PM
  • October 24, 2013 – Nauset Regional High School
  • This clinic also served as our Emergency Management training session.  
Over 500 people were immunized during these 3 clinics.  Thank you all who helped,  especially the VNA!
  • The Board of Health participated in Windmill Weekend and provided information on:
  • Blood Pressure screenings
  • Ticks
  • Sun Safety
  • Medical and Hazardous  waste disposal
  • Flu Clinic
  • Landfill Update
  • Pond Update
  • Alum treatment at Great Pond began on October 24, 2013.  A testing at ½ dose has been done for 2 days and it went well.  Herring and Schoolhouse/Minister Ponds were treated last year.  The first year results were very good.
  • The Cape Cod Commission is facilitating Wastewater Management project for Cape Cod 208 area wide planning.  Jane is representing the Nauset Estuaries and Joanna Buffington is representing the Wellfleet area.  As the planning proceeds, Jane and Joanna will update the Board of Health.
  • Fertilizer Regulation – Eastham has developed a draft regulation for our town and expect to have it finalized by the end of the year.
  • Septage Treatment plant is being considered due to the potential closing of Tri-Town.
Charles Harris brought to the Board of Health’s attention his concern with the storm water run off problem at Wiley Beach.  It appears that the catch basin is not at the correct height to catch the run off.  Charles requests that this be noted as an item on the NPDES report submitted by the Town of Eastham.  The Board of Health recommended that this concern be brought to the attention of Neil Andres at the DPW, the Conservation Commission and/or the Board of Selectmen.  The Board of Health does not have jurisdiction over this concern.


  • VARIANCE
  • Tracy Arsenault                 2450 Herring Brook Road         M-7     P-12
Jason Ellis, J.C. Ellis Design, presented.

The owner of this property is selling the house and needs to upgrade the current cesspool to a Title 5 system.  Due to the constraints of the lot which is 10,125 sq. ft., a 7’ variance is being requested in the setback of the property well to the road and no reserve area will be provided.  The system is a 2 bedroom plan and provides a greater degree of environmental protection than previously existed.  

Property Abutter, Joyce Gizzie, 2450 Herring Brook Road, attended the meeting and asked for clarification to confirm that the new septic system will be away from her well.  It was confirmed that the current cesspool is 50’ from the well at 2450 Herring Brook Road and the new Title 5 system will be 100’ from that well.

Dr. Martin Haspel made the motion to approve the plan dated August 13, 2013 and revised September 20, 2013, with the following conditions:
  • No increase in design flow be allowed
  • Deed restriction for 2 bedroom use to be recorded with the Barnstable Registry of Deeds and a copy provided to the Eastham Health Department
  • Well to be tested for VOC and Routine parameters
  • Well Variance form to be recorded with the Barnstable Registry of Deeds and a copy provided to the Eastham Health Department
Dr. Joanna Buffington seconded the motion

SO VOTED UNAMIMOUSLY


  • Gayle E. Edmonds                        2 Nycoma Way                    M-10    P-322
David Lajoie, Felco, Inc., presented.

A Board of Health Variance was previously applied for 2005 to upgrade the current septic system.  The septic system was not installed and the variance approval has expired.

Due to the size of this lot, 8,971 sq. ft., variances are required to upgrade the septic system.  The variances include the proposed well to be located 72 ft. from the leach area, 6 ft. from the property line and 6 ft. from the cellar wall.   The proposed system includes secondary treatment.

Dr. Joanna Buffington made the motion to approve the plan dated September 26, 2013 with the following conditions:
  • No increase in design flow be allowed
  • Deed restriction for 2 bedroom use to be recorded with the Barnstable Registry of Deeds and a copy provided to the Eastham Health Department
  • Well to be tested for VOC and Routine parameters
  • Well Variance form to be recorded with the Barnstable Registry of Deeds and a copy provided to the Eastham Health Department
  • Secondary treatment and monitoring under general use approval conditions per DEP regulations including testing quarterly (or 2 times per year for seasonal use) for total nitrogen, BOD, TSS, Nitrate-nitrogen not to exceed19mg/L.  After 2 year period of time reduction of testing could be requested to EBOH by owner.
  • Operation and maintenance agreement to be submitted to EBOH.  Operation and maintenance agreement to be required for life of the system.  Operator to report results via Carmody Data Base provided through Barnstable County Health or directly to the Eastham Health Department if not available.
Beverly Knox seconded the motion

SO VOTED UNAMIMOUSLY


  • REVIEW
  • Southside Realty Trust          48 Dory Lane            M-8     P-191X
  • Southside Realty Trust          52 Dory Lane            M-8     P-191Z
Glenn Dumont, McShane Construction, presented.

  • Reviewed the plans for the house to be built at 48 Dory Lane - Stonybrook Ranch 1 bedroom side entry
  • Reviewed the plans for the house to be built at 52 Dory Lane – Stonybrook 1600 2 bedroom
Dr. Martin Haspel made the motion to approve both of the proposed plans.
Beverly Knox seconded the motion.

SO VOTED UNAMIMOUSLY


  • James Onembo                    85 Whitney Road         M-11    P-331
Ben Zehnder, Zehnder, LLC, presented.

The proposed plan is to build an attached garage with a finished space above including a bathroom.  The purpose of this finished space is for an office.

A discussion took place regarding Eastham’s Board of Health Regulations regarding garages and heated versus unheated space above.  Based on this discussion:

Dr. Martin Haspel made the motion to approve the plan with the following conditions:
  • The finished space above the garage is not to be heated
  • The finished space above the garage is not to be plumbed
  • Deed restriction for 3 bedroom use to be recorded with the Barnstable Registry of Deeds and a copy provided to the Eastham Health Department
  • Any increase in habitable square footage or change to this plan would require Board of Health review and abutter notification.
Beverly Knox seconded the motion.

SO VOTED UNAMIMOUSLY


  • Marianne Lampke                 115 Mill Road                   M-15    P-31
Tim Brady, East Cape Engineering, presented with the property owners, Marianne Lampke.

The proposed plan is to remove the existing garage with workspace above the garage and replace it with a larger garage with an artist studio above.  Marianne Lampke noted that when they bought the house in 2008, it had 4 bedrooms.  During renovations, they reduced the bedrooms in the house to 3.

A discussion took place regarding Eastham’s Board of Health Regulations regarding garages and heated versus unheated space above.  Tim Brady and Marianne Lampke requested to table the discussion to the end of the meeting so that they could discuss the project and comments from the Board of Health.

When Tim Brady and Marianne Lampke returned, they noted that they would like approval now based on the conditions discussed but that Marianne Lampke may not proceed with the project as presented, but rather just replace the garage.

Dr. Joanna Buffington made the motion to approve the proposed plan with the following conditions:
  • The finished space above the garage is not to be heated
  • The finished space above the garage is not to be plumbed
  • Deed restriction for 3 bedroom use to be recorded with the Barnstable Registry of Deeds and a copy provided to the Eastham Health Department (if the current project tis not pursued, this would not be required)
  • Any increase in habitable square footage or change to this plan would require Board of Health review and abutter notification.
Dr. Martin Haspel seconded the motion.

SO VOTED UNAMIMOUSLY


  • CONTINUED
  • Richard Trimble                 35 Wicklow Road         M-17    P-4
Holly Tarleton, Art of Construction, presented.

The modifications discussed at the September 24, 2013 Board of Health Meeting have been made to the proposed plan.  This includes the removal of the wall in the study to open the entry way, doors will not be included either at the top or bottom of the stairs to the finished area above the garage and the walls on the side of the space will be kneewall height.

Beverly Knox made the motion to approve the plan with the following conditions:
  • Deed restriction for 4 bedroom use to be recorded with the Barnstable Registry of Deeds and a copy provided to the Eastham Health Department
  • Any increase in habitable square footage or change to this plan would require Board of Health review and abutter notification.
Dr. Joanna Buffington seconded the motion.

SO VOTED UNAMIMOUSLY


  • APPROVAL OF MINUTES
  • October 16, 2013 Workshop
Dr. Joanna Buffington made the motion to approve with edit noted.
Dr. Martin Haspel seconded the motion.

SO VOTED UNAMIMOUSLY


  • CORRESPONDENCE & OTHER INFORMATION
  • Draft Fertilizer Regulation
Jane advised that the edits discussed to date have been incorporated into the draft.  Jane will get a copy out to everyone on the Board.  It was agreed to continue the review at a workshop on November 5, 2013 at 8AM.

  • OTHER BUSINESS
None


  • ADJOURNMENT
Dr. James Taylor made the motion to adjourn at 4:30PM..
Dr. Martin Haspel seconded the motion.

SO VOTED UNAMIMOUSLY